You do not need a lawyer to create an advance directive An advance directive is a legal document that outlines how you want medical and financial decisions made if you can no longer communicate your wishes. A health care advance directive may include a health care proxy, living will, and a health care power of attorney. , living will A living will is a written record of the type of medical care you would want in specific circumstances. It can be used to make treatment decisions if you can no longer communicate your wishes because you are incapacitated by a temporary or permanent injury or illness. Living wills usually take effect after your doctor certifies that you are incapacitated and nearing the end of life. If you have appointed a health care proxy, they should use your living will to make medical decisions on your behalf. , or health care proxy A health care proxy is a legal document that names someone you trust as your proxy, or agent, to express your wishes and make health care decisions for you if you are unable to speak for yourself. . However, you may want legal assistance if you have unusual needs or there are disagreements among family members. You should consult a lawyer to obtain a power of attorney A power of attorney is a legal document that lets you (the principal) appoint another person(s) (your agent or attorney in fact) to make decisions on your behalf. The specific terms of the power of attorney will describe what types of decisions the agent can make, including decisions about property, financial matters, health care, etc. The terms also determine how long the power of attorney lasts—a durable power of attorney is one that remains in effect if you are incapacitated. document that appoints a trusted individual to make decisions about your finances.
Elder law attorneys
Elder law attorneys focus on the legal needs of older people. Elder law is a broad field that encompasses estate planning, Medicare Medicare is the federal government health insurance program that provides health care coverage if you are 65 or older, are under 65 and receive Social Security Disability Insurance (SSDI) for 24 months, begin receiving SSDI due to ALS/Lou Gehrig’s Disease, or have End-Stage Renal Disease (ESRD) no matter your age. You can receive health coverage directly through the federal government (see Original Medicare) or through a private company (see Medicare Advantage). law, Medicaid Medicaid is a federal and state program that provides health coverage for certain people with limited income and assets. law, insurance issues, nursing home A nursing home, also called a long-term care facility, is a residential facility for people with chronic illness or disability. Nursing home services include room and board, nursing care, personal care, and therapy services. A skilled nursing facility (SNF) is a nursing home that provides skilled care, but not all nursing homes are SNFs. Medicare does not cover the cost of nursing homes that are not SNFs. issues, and planning for future health needs. You may want to get help from an elder law attorney if you are creating documents for your future care needs.
You should make sure the lawyer you choose has experience and is willing to focus on the issues that are most important to you. Some lawyers will be certified, which means they have achieved a certain level of knowledge and training in elder law. That said, certification is not necessarily a sign of quality.
How to find elder law attorneys
You may want to ask your family and friends for elder law attorney recommendations. The following organizations may also be able to help:
- The National Academy of Elder Law Attorneys (NAELA) assists lawyers, bar associations, and others who work with older clients and their families. Their website offers referrals, tips, and resources for finding an elder law attorney.
- The National Elder Law Foundation certifies elder law attorneys and can help you locate certified attorneys in your area.
- The American Bar Association (ABA) website has a Lawyer Locator tool that allows you to search for specialty lawyers in your area.
- State bar associations may offer legal information and referrals.
- Your Area Agency on Aging (AAA) Area Agencies on Aging (AAA) are agencies that coordinate and offer services such as Meals-on-Wheels, homemaker assistance, and similar programs that help older adults in their home and community. Â may be able to provide guidance around legal issues and finding an attorney.
Low-cost legal help
If you have limited resources, you may be able to get free or low-cost legal help:
- Legal aid societies offer free or low-cost help to qualifying older adults. You can find them in the phone book by searching under legal aid, or on the internet. Federally funded programs are listed on the website of the Legal Services Corporation (LSC).
- State bar associations may offer reduced or free (pro bono) legal services.
- The Administration on Aging lists hotlines you can call to get legal help regardless of your finances.